IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF FEBRUARY, 2022

BEFORE

THE HON9BLE MR. JUSTICE RAJENDRA BADAMIKAR

CRIMINAL APPEAL No.453/2011

BETWEEN:

THE STATE OF KARNATAKA BY

KARNATAKA LOKAYUKTHA POLICE INSPECTOR

TUMKUR DISTRICT, TUMKUR

&.APPELLANT

(BY SRI. B.S. PRASAD, ADVOCATE)

AND:

DR. R. VENKATESH

S/O RAJU

AGED ABOUT 38 YEARS

MEDICAL OFFICER,

P.P.C. DISTRICT HOSPITAL

TUMKUR

PRESENT ADDRESS:

MEDICAL OFFICER, GOVT. HOSPITAL

SOMWARPET, KODAGU DISTRICT

&. RESPONDENT

(BY SRI. A.H. BHAGAVAN, ADVOCATE)

THIS APPEAL IS FILED UNDER SECTION 378(1) & (3)

OF CR.P.C. BY THE STATE PRAYING TO GRANT LEAVE TO

APPEAL

AGAINST

THE

JUDGMENT

AND

ORDER

DATED:14.12.2010 PASSED BY THE LEARNED SPECIAL

JUDGE, TUMKURU IN SPL.CASE No.55/2002 ACQUITTING

THE

RESPONDENT-ACCUSED

OF

THE

OFFENCES

PUNISHABLE

U/S

7,

13(1)(d)

R/W

13(2)

OF

THE

PREVENTION OF CORRUPTION ACT, 1988.

2

THIS APPEAL HAVING BEEN HEARD AND RESERVED

FOR

JUDGMENT

ON

25.01.2022,

COMING

ON

FOR

8PRONOUNCEMENT OF JUDGMENT9 THIS DAY, THE COURT

DELIVERED THE FOLLOWING:

J U D G M E N T

The State through Lokayukta Police has submitted

this appeal under Section 378(1) & (3) of Cr.P.C.

challenging the judgment and order of acquittal dated

14.12.2010 passed by the Principal Sessions Judge,

Tumakuru, in Special Case No.55/2002.

2.

For the sake of convenience, the parties

herein are referred with the original ranks occupied by

them before the trial Court.

3.

The brief facts of the prosecution case are

that, the complainant Sri.V.H. Nagarajaiah is a public

servant and his wife Ramamani has delivered the

second child on 13.07.2001 at Pragathi Nursing Home,

Tumakuru and Dr. Anasuya of the said hospital has

performed vasectomy surgery to his wife Ramamani on

the same day. The complainant Sri. V.H. Nagarajaiah

3

required a certificate regarding his wife undergoing

vasectomy operation for getting special increment and

submitted an application for issuance of necessary

certificate as per Ex.P2 addressed to the District

Surgeon and along with said application, he has also

produced

the

certificate

issued

by

Dr.

Anusuya

pertaining to his wife Smt. Ramamani, for having

underwent vasectomy operation. The complainant got

information that the accused was the Medical Officer,

who would process the said certificate and on the same

day he met the accused and requested for issuance of

the certificate. Then the accused has demanded bribe

and initially the accused demanded Rs.2,000/- for

issuance of Family Planning Certificate and later on

settled it for Rs.500/-. As the complainant was not

inclined to pay bribe, he lodged a complaint as per

Ex.P4

before

Lokayukta

Police,

Tumakuru

on

31.08.2001 at 9.30 am. In pursuance of the said

complaint, a case was registered against the accused

and a trap was set-up. Two Government Servants were

4

secured as panchas and the complainant has produced

Rs.500/- to be paid as bribe to accused and after

drawing an entrustment mahazar, the complainant and

shadow witnesses have approached accused in the

office of the accused and the accused was trapped while

he demanding and accepting bribe of Rs.500/-. In this

regard, accused was arrested and his hand-wash was

taken, which turned into pink colour and tainted

amount was also recovered. Then after obtaining

necessary sanction and after concluding investigation,

the Investigating Officer has submitted the charge sheet

under Sections 7, 13(1)(d) and 13(2) of the Prevention

of Corruption Act, 1988 (8PC Act9 for short). Accused

was produced before the Special Court and was

enlarged on bail.

4.

Cognizance was taken by the learned Special

Judge and accused has appeared in pursuance of

summons and he was furnished with the copies of

prosecution papers.

5

5.

After hearing the learned counsels appearing

for the parties on both sides, the learned Special Judge

has framed char